Consumer protection act

shubhra (Querist) 16 December 2014 This query is : Resolved
Past 2002 judgement can a sole proprietor of a Company sue a transport or cargo company for deficiency in services for transport of goods under sale, interalia is he a consumer in the consumer protection act post 2002 ???

We sent some goods thru Gati cargo on Payment on delivery but the said company violated instruction and delivered the consignment on basis of a cheque in violation of our instructions. this is case of year 2004. Since the cheque was not payable we filed a case in consumer forum frm where we won and then an appeal in State commision by Gati there also we won. Now the case is in National commission.

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ajay sethi (Expert) 16 December 2014
state facts of your case

Devajyoti Barman (Expert) 16 December 2014
If the transport was not not for commercial purpose then the complaint shall lie. in any case such challenge must be raised in the consumer forum. Maintainability can not be agitated in the appellate forum for the first time.